Economics 3366A/B Study Guide - Quiz Guide: Bartolus De Saxoferrato, Corpus Juris Civilis, Jus Gentium
23 Sep 2020
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Pil has not its root in roman law (ius civile and ius gentium). After the time of the roman empire (5th century), conflict of laws happened to decide which law would apply from that moment. Reception of roman law, considered to be the source of legal rules. Corpus iuris civilis (codex is the most important part of it) The basis for the developments of a theory on the conflict of law (i. e. pil) De fide catholica et de summa trinitate; not directly linked with pil. Consequence = statuta realia and statuta personalia: statuta realia = geographical application (about res, statuta personalia = it follows the person involved (about persons) Opinion regarding issues on of the conflicts of laws. Statuta mixta = only applicable within the territory. Extraterritoriality of the application of several types of the statuta. Attention must be paid to the choice of law by parties. No determination of the applicability of statues as such.
